Scope Statements
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # FH-26-12)
The statement of scope was approved by the governor on December 14, 2012.
Rule No.
Relating to
Lake Trout harvest limits in Lake Superior.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
Not Applicable.
Detailed Description of the Objective of the Proposed Rule
A decline in the lake trout population in the Apostle Islands vicinity of Lake Superior threatens harvest capability of state-licensed commercial fishers, tribal commercial fishers, recreational anglers, and associated businesses. The purpose of the rule is to amend Lake Superior lake trout harvest limits and other issues related to shared fisheries as required by revisions to the State-Tribal Lake Superior Agreement.
The total allowable catch of lake trout in Wisconsin waters of Lake Superior is divided among tribal commercial fisheries, state-licensed commercial fisheries, tribal subsistence fishers, and state sport anglers. The 10-year State-Tribal Lake Superior Agreement specifies annual allowable lake trout harvests, defines refuges and special fishing areas, and establishes other terms and arrangements for state and tribal commercial fishing. The Agreement was last negotiated in 2005, but has been amended as needed in response to lake trout population estimates. Lake trout harvest limits were negotiated among the Department of Natural Resources and the Red Cliff and Bad River Bands of Lake Superior Chippewa in October 2012 and will be negotiated again in mid-2013. The results of those discussions will be formalized through this permanent rule change.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The allowable lake trout harvests are determined by a state-tribal biological committee, using the latest available data and modeling results. Based on those results and recommendations from the biological committee, the Agreement is re-negotiated as needed to change the total annual harvest of lake trout by all fishers, and possibly to address other issues related to shared harvest of lake trout and other species by state and tribal fishers.
There has been a steady decline in lean lake trout abundance in Lake Superior since the early 2000s. This decline has been confirmed by independent surveys conducted by the Department and has been projected by models used to set safe harvest levels. Some level of decline was expected due to high harvest limits in the early 2000s, which were in response to several large year classes (numbers of fish spawned in the same year) predicted to enter the fishery. However, sea lamprey mortality over the last eight years has also been higher than Lake Superior target levels. This combination of increased harvest and lamprey mortality has caused lake trout abundance to decline. While relatively stable abundances of spawning lake trout suggest that this decline is still reversible, action needs to be taken to arrest the lean lake trout population's decline. The continued, persistent decline in lake trout population abundances and predicted further declines necessitate rule changes to assist in maintaining a sustainable lake trout fishery over the long-term.
The rule will amend the annual commercial fishing harvest limit for lake trout on Lake Superior. Additional rule elements and alternatives will be discussed with the Red Cliff and Bad River Bands of Lake Superior Chippewa and agreements made in the State-Tribal Lake Superior Agreement.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The proposed rule amends the annual commercial fishing harvest limit for lake trout on Lake Superior, which is an “outlying water." Commercial fishing harvest limits are authorized under s.
29.014(1), Stats., which directs the Department to establish and maintain any bag limits and conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Stats., provides that the Department may regulate fishing on and in all interstate boundary waters and outlying waters.
Section
29.519 (1m) (b), Stats., grants discretion to the Department to establish commercial fish species harvest limits after giving due consideration to the recommendations made by the commercial fishing boards. It also specifies that the limitations on harvests must be based on the available harvestable population of fish and in the wise use and conservation of the fish, so as to prevent over-exploitation.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Employees will spend approximately 200 hours developing the rule. It will require in-state travel to meet with tribal negotiators.
List with Description of All Entities that May Be Affected by the Proposed Rule
• State-licensed commercial fishers on Lake Superior
• Recreational fishers on Lake Superior
• Red Cliff Band of Lake Superior Chippewa
• Bad River Band of Lake Superior Chippewa
State-licensed and tribal commercial fishers may be affected by the amount of fish they are able to harvest. It is not expected that fishers will have any compliance expenditures or reporting changes associated with the rule.
Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
No federal regulations apply.
Anticipated Economic Impact of Implementing the Rule (Note If the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The exact amount of economic impact is unknown, but is not expected to exceed $50,000 in a fishing season. The total dockside value of the reported state commercial lake trout harvest in 2011 was approximately $20,000. Harvest is not expected to be reduced by more than 25% and therefore the lost value of lake trout is not expected to exceed $5,000. However, this rule will also limit the amount of gill net effort commercial fishers can use to target whitefish since lake trout are frequently caught in the same nets. Reductions in gill net effort therefore have the potential to cause commercial fishers additional income reductions. The total dockside value of whitefish harvested by state commercial fishers in gill nets was approximately $160,000 in 2011. Harvest is expected to be reduced by no more than 25% putting the total loss at no more than $40,000 and likely less because fishers can shift to using trap nets that are not subject to the same effort restrictions governing gill nets. Moreover, commercial fishers can continue current efforts to adjust the location, time, and manner in which they set gill nets targeting whitefish so as to reduce harvest of non-target lake trout.
Contact Person
William Horns, Great Lakes Fisheries Specialist, 608-266-8782.
